The Bombay High Court has issued a significant ruling, stating that a daughter cannot carry forward her deceased mother's claim for maintenance under the Hindu Adoption and Maintenance Act (HAMA).
The court emphasized that the right to claim maintenance under personal laws is an individual right and is not inheritable after the death of the person entitled to it.
In a recent decision, a division bench comprising Justice Ravindra V Ghuge and Justice YG Khobragade dismissed the plea of a married daughter to continue the maintenance claim that her mother had initiated. The court held that the right to claim maintenance under personal laws, such as HAMA, is personal and cannot be transferred to another individual, even if they are a legal heir.
The case revolved around an application filed by the married daughter, seeking to pursue her mother's appeal for enhanced maintenance, which was awarded by the family court. The mother had initially sought maintenance in 2017, and despite receiving a lower amount, she challenged the decision before the High Court, seeking a higher monthly maintenance. Unfortunately, the mother passed away in 2023 while the appeal was still pending.
The daughter contended that she, as the legal heir, should be allowed to continue the appeal on behalf of her mother. However, the High Court rejected this argument, reiterating that the right to claim maintenance is specific to the individual who is entitled to it and cannot be continued by another party after their demise.
The court clarified that the daughter, in her capacity as a legal heir, does have the right to recover any arrears of maintenance that were granted against her father. This recovery, however, can only be pursued through the appropriate legal process, including obtaining a succession certificate from the competent court.
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